Search Results

1. EA v WSC2 LCRO 11 / 2011 (24 June 2011) [pdf, 124 KB]

   ...conduct of a kind specified in section 130(c) of the Lawyers and Conveyancers Act 2006 and hereby causes an investigation to be made into this matter. [5] The matters into which the Standards Committee had decided to inquire were the subject of appeal to the High Court, and the Standards Committee decided to await the outcome of the appeal before proceeding with its own motion investigation. [6] On 17 August 2010, the Complaints Service wrote to the Applicant in the following terms:...

2. Matchitt v Butler - Matangareka 3B Ahu Whenua Trust (2016) 154 Waiariki MB 261 (154 WAR 261) [pdf, 226 KB]

   ...neighbouring Orete 2 block. 154 Waiāriki MB 268 The Law [32] It is settled law that a trustee cannot allow any conflict between personal interests and their fiduciary duties to beneficiaries. 6 In Naera v Fenwick, the Court of Appeal found that even a potential conflict of interest can render a transaction improper, and in such circumstances a trustee cannot participate in decision making without the informed consent of all the beneficiaries or of the Court. 7 If...

3. Bennett - Estate of Ronald Clifford Bennett (2017) 156 Waiariki MB 250 (156 WAR 250) [pdf, 241 KB]

   ...order in favour of a non-owner. However, an order vesting interests in the land or a right to possession of the land (or part of it) in favour of a non-owner will likely offend the kaupapa and provisions of the Act. Although in Grace the Court of Appeal did not completely rule out that possibility. Where the Court concludes that a non-owner is entitled to equitable relief, the Court will in the first place look to awarding monetary compensation. If monetary compensation is inappropr...

4. AB v DE & Ors LCRO 75/2014 (11 July 2016) [pdf, 90 KB]

   ...decisions of this Office have made it clear that it is “improper to use the complaints process as a means to undermine or attack a decision of another Court or Tribunal”.9 [72] The proper route for challenge of a decision of another Tribunal is appeal. This is further recognised in s 138(1)(f) of the Act which states that a Standards Committee may resolve to take no further action where there is an adequate right of appeal that the complainant could exercise. Where proceedings are b...

5. LCRO 112/2019 EQ v XD (30 July 2021) [pdf, 162 KB]

   ...scope of review [26] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:2 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

6. [2023] NZEmpC 30 Goldie v Chief Executive of the Department of Corrections [pdf, 219 KB]

   ...obliquely, in her reminder email to the Union representative. [40] With respect, I consider the bar in Melville was set too high. In that, I agree with Chief Judge Colgan in Davies v Dove Hawkes Bay Inc.9 As noted in Davies, while leave to appeal the Employment Court’s decision in Melville was declined, the Court of Appeal said that it could not accept, as a matter of law, that there must always 7 Melville v Air New Zealand Ltd [2010] NZEmpC 87, (2011) 9 NZELC 93,700 at [33]....

7. [2012] NZLCDT 14 Auckland Standards Committee v ABC [pdf, 181 KB]

   ...speech recognised by s 14 of the New Zealand Bill of Rights Act 1990, the importance of open judicial proceedings, and the right of the media to report proceedings.5 That principle has been reaffirmed on a number of occasions,6 and the Court of Appeal has confirmed that open justice principles are equally applicable to civil cases.7 [47] Any exercise of the power to suppress the practitioner’s name allowed by s 240 Lawyers and Conveyancers Act 2006 should also take into accou...

8. LCRO 174/2017 DN v CI [pdf, 328 KB]

   ...scope of review [28] The nature and scope of a review have been discussed by the High Court, which said of the process of review under the Act:5 … the power of review conferred upon Review Officers is not appropriately equated with a general appeal. The obligations and powers of the Review Officer as described in the Act create a very particular statutory process. The Review Officer has broad powers to conduct his or her own investigations including the power to exercise for that...

9. [2015] NZEmpC 90 Talbot v Air New Zealand Ltd [pdf, 250 KB]

   ...something more than mere acquiescence or inaction on behalf of the employer was required, citing Cashmere Capital Limited v Carroll 6 in support of this proposition. There the Supreme Court referred with approval to observations made by the Court of Appeal in New Zealand Fisheries Ltd v Napier City Council, drawing a distinction between consent and acquiescence: 7 In the course of its discussion in the New Zealand Fisheries case the Court referred to the judgment of the Englis...

10. [2021] NZEnvC 029 Darby Planning Ltd Partnership v Queenstown Lakes District Council [pdf, 884 KB]

    BEFORE THE ENVIRONMENT COURT AT CHRISTCHURCH I MUA I TE KOTI TAIAO O AOTEAROA K IOTAUTAHI Court: Hearing: Decision No. [2021] NZEnvC 29 IN THE Ivlf\ TIER of the Resource :tvfanagement Act 1991 AND of appeals under clause 14 of the First Schedule of the Act BET\X!EEN DARBY PLANNING LIMITED PARTNERSHIP AND (ENV-2018-CH C-150) and all other appellants concerning Topic 1 of Stage l of the Proposed Queenstown Lakes District Plan (as set out in the Schedule attached) App...